A separation agreement is an agreement that both you and your spouse enter into to obtain a legal separation (without Court intervention). The separation agreement details the rights and responsibilities of both you and your spouse while you live separate and apart  for a period of time. However, you are still married which means that any debts that you or your spouse incur are still your responsibility, and any assets that you acquire while separated are still subject to equitable distribution.


Separation agreements deal with issues such as:

·       child support, custody, visitation

·       spousal support (aka maintenance or alimony)

·       who gets the house

·       where you each will reside

·       division of property issues (marital assets and liabilities) and

·       many other provisions that may be unique to your situation .

 

Once you and your spouse are ready to divorce, the separation agreement will be used for the divorce.

 

 

 

In October 2010, New York State became a No Fault Divorce state. This means married couples wishing to divorce no longer need to prove that one of the partners is at fault and you and your spouse can file for an uncontested divorce immediately and simply state that there has been an irretrievable breakdown of the marriage. This is good news. But it is also imperative that once you and your spouse have decided to separate and ultimately divorce that you both work toward composing a written agreement making the necessary decisions about the rest of your life especially if  you have children.

 

 

 

MANY ISSUES NEED TO BE DISCUSSED:

 


child custody, child support, visitation, the house, alimony, bank accounts, pensions , health insurance, debts the list goes on and on. Whether the couple has children or not.

In some cases it may make sense to live under a separation agreement for a while before filing for divorce, others may want to come to an agreement , sign a stipulation of settlement and file for divorce right away which ever route the couple decides to take it is important that you put your differences aside so that these vital decisions be made fairly and together.

 

 

 

WHAT IS THE DIFFERENCE IN COST BETWEEN A LITIGATED DIVORCE AND A MEDIATED DIVORCE?

 

A Litigated Divorce can cost a couple anywhere from $20,000.00 to $50,000.00  EACH for a simple case settled out of Court. Cases that end up going to Trial can cost upwards of $100,000.00. A Litigated Divorce can also go on forMANY years especially if the case goes to Court.  Many people are realizing these facts and turning to Mediation BEFORE hiring an attorney that will charge a minimum retainer of $10,000.00 to get started. If your situation fits the criteria for Mediation then your HARD EARNED MONEY would be better spent on your future and your children if you have them.
 
 
 

 

A Mediated Divorce will typically cost a couple anywhere from $2,000.00 to $5,000.00 COMBINED. It depends on the number of mediation sessions the couple needs to work out the agreement and that depends on the issues to be agreed upon. For example, the finances, the children the assets etc.  A Mediated Divorce typically takes 3 to 8 sessions and can usually be worked out in as little as a few weeks to a few months. Mediation is "pay as you go" and is less expensive and much quicker than Litigation. 

 

 

 

If you are looking for a COST EFFECTIVE, amicable way to resolve your problem whatever it may be then you have come to the right place. The staff at Just Mediation Inc is here to help you. In Mediation everybody winsbecause the parties determine the outcome not the strangers in a court room. Having any problem is difficult and stressful enough without making a strategic game of it.
　
Call today to schedule a confidential consultation.
 
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Life is too short to remain unhappy so Just Mediate it! Call today .

 

 

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